Collective Bargaining Agreement

between

University of Delaware

and

American Federation of State,County and Municipal Employees, AFL-CIO

and its

Local No. 3472

Effective January 1, 2020 - June 30, 2023

AGREEMENT

Entered into this 1st day of January, 2020 between the University of Delaware, Newark, Delaware, hereinafter referred to as the “University” and the American Federation of State, County and Municipal Employees affiliated with the AFL-CIO acting for itself and in behalf of Local 3472 hereinafter referred to as the “Union.”

TABLE OF CONTENTS

ARTICLE I Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

ARTICLE II Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

ARTICLE III Union Security and Check-Off . . . . . . . . . . . . 4

ARTICLE IV Representation . . . . . . . . . . . . . . . . . . . . . . . . 5

ARTICLE V Grievance Procedure and Arbitration . . . . . . 7

ARTICLE VI Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

ARTICLE VII Layoff and Recall . . . . . . . . . . . . . . . . . . . . . . 12

ARTICLE VIII Transfer and Reassignment . . . . . . . . . . . . . 14

ARTICLE IX Promotion and Bidding . . . . . . . . . . . . . . . . 17

ARTICLE X Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

ARTICLE XI Discharge or Discipline . . . . . . . . . . . . . . . . . 20

ARTICLE XII Leaves of Absence . . . . . . . . . . . . . . . . . . . . . 21

ARTICLE XIII Hours of Work and Overtime . . . . . . . . . . . . 26

ARTICLE XIV Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

ARTICLE XV Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

ARTICLE XVI Health and Welfare . . . . . . . . . . . . . . . . . . . . 35

ARTICLE XVII New Jobs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

ARTICLE XVIII Legal Conflicts . . . . . . . . . . . . . . . . . . . . . . . . 39

ARTICLE XIX No Strikes or Lockouts . . . . . . . . . . . . . . . . . 39

ARTICLE XX Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

ARTICLE XXI Non-discrimination . . . . . . . . . . . . . . . . . . . . 40

ARTICLE XXII Military Service . . . . . . . . . . . . . . . . . . . . . . . . 40

ARTICLE XXIII General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

ARTICLE XXIV Classifications and Hourly Wage Scales . . . . 43

ARTICLE XXV Financial Support . . . . . . . . . . . . . . . . . . . . . . 45

ARTICLE XXVI Term of Agreement . . . . . . . . . . . . . . . . . . . . 46

APPENDIX A Wage Scale . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

APPENDIX B Occupational Groupings . . . . . . . . . . . . . . . . 49

APPENDIX C Electronic Shop Only - Away Football Game Agreement . . . . . . . . . . . . . . . . . . . . . . 51

APPENDIX D Parental Leave Policy . . . . . . . . . . . . . . . . . . . 52

APPENDIX E University Holiday Policy . . . . . . . . . . . . . . . 56

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ARTICLE IPURPOSE

It is the purpose of this Agreement to promote and ensure harmonious relations, cooperation and understanding between the employer and the employees covered hereby, to insure true collective bargaining, and to establish proper standards of wages, hours, working conditions and other conditions of employment.

ARTICLE IIRECOGNITION

2.1 The University recognizes the American Federation of State, County and Municipal Employees, AFL-CIO and its Local No. 3472 as the exclusive representative of employees in the bargaining unit as defined in 2.2 below in the Facilities and Supporting Services Departments of the University for the purpose of collective bargaining with respect to wages, salaries, hours of employment, and other conditions of employment.

2.2 For the purpose of this Agreement, the term “employee” shall include all employees in the job classifications covered in the bargaining unit as follows: Access Control Technician, Arborist, Arborist Helper, Assistant Excavator, Boiler Mechanic, Boiler Mechanic Technical Team Leader, Building Systems Technical Team Leader, Cabinetmaker, Carpenter, Certified HVAC Technician, Certified Plumber, Custom Upholsterer, Electrician, Electronics Repairer, Excavator, Filter Changer, Fire Door Inspector, Fire Suppression Technician, Glass Technician, Grounds Equipment Mechanic, Grounds Technician, Heavy Refrigeration Mechanic, Horticulturist, HVAC Technical Team Leader, Instrument Controls Mechanic, Insulation Technician, Locksmith, Maintenance Mechanic, Operations Mechanic, Painter, Pest Control Assistant, Pest Control Specialist, Plasterer/Mason, Plumber, Roofer, Senior Carpenter, Senior Electrician, Senior Electronics Repairer, Senior Heavy Refrigeration Mechanic, Senior Insulation Technician, Senior Locksmith, Senior Painter, Senior Plumber, Senior Roofer, Senior Vehicle Technician,

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Sports Turf Technician, Sports Turf Technician Assistant, Utility Mechanic/Dining, Utility Operator/Mechanic, Utility Plant Instrument Control Technician, Utility Plant Systems Technical Team Leader, Vehicle Technician, Vehicle Technician Helper, Welder/Boiler Mechanic.

Skilled Trades Helper – Carpenter, Skilled Trades Helper – Electrical, Skilled Trades Helper – Electronics Repairer, Skilled Trades Helper – HVAC, Skilled Trades Helper – Locksmith, Skilled Trades Helper – Plumber, Skilled Trades Helper – Boiler: and all employees hired in trainee positions to support any of the aforementioned classifications. The above categories are subject to the following exclusions: (1) temporary employees, being persons hired without expectation of or arrangement for permanent employment (i) to perform a specific job or (ii) to be employed for a limited period of time; (2) student employees enrolled in a full-time course of studies; (3) campus security guards; (4) all supervisors, being all individuals having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them to adjust their grievances, or effectively to recommend such action; and (5) all other employees of the University of Delaware, including personnel working on contract or subcontract as may be hired on an intermittent basis.

2.3 Management:

A. The Union recognizes that an area of responsibility must be reserved to Management if it is to function effectively. In recognition of this principle it is agreed that the following responsibilities are not subject to collective bargaining unless specifically modified by this Agreement.

B. The determination of the University’s financial policies and accounting procedures.

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C. The determination of the duties to be included in any job classification; the sole right to hire; the determination of the number of men or women to be employed or to be retained in employment; necessity for overtime and the amount of overtime required; the establishment and maintenance of quality and production standards; the maintenance of discipline; and the adoption and enforcement of University working rules and regulations and safety rules.

D. It is the general policy of the University to utilize its employees to perform work that they are qualified to perform, provided that the University possesses the necessary equipment to perform such work. However, the University reserves the right to contract out work in the interests of efficiency or emergency, or where the University lacks the necessary equipment to perform the work, or where there is not sufficient staffing to complete the work.

Prior to contracting out any work historically performed by the Union that is expected to last more than ninety (90) working days, the University will notify the Union and offer the Union an opportunity to meet and discuss the matter regarding its intent, and, upon request, provide the Union with information regarding the costs and/or savings and other relevant information, including, but not limited to, the expertise required for the work in question, whether such expertise is available in the University workforce, and whether the workload exceeds the current capacity of the workforce. The University shall give the Union the opportunity to respond in a timely fashion prior to subcontracting, provided that the University’s decision shall be final and shall not be made the subject of a grievance.

This language will not be utilized by the University to diminish the bargaining unit, eliminate overtime, eliminate personnel or avoid hiring additional necessary personnel, provided however that this language shall not abridge the University’s rights under the Delaware Public Employer Relations Act.

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E. The foregoing enumeration of management’s rights shall not be deemed to exclude other rights of management not specifically set forth, the University therefore retaining all rights not otherwise specifically restricted by this Agreement.

2.4 The Union and Management agree that neither party will harass, intimidate, or coerce any employee in respect to his/her right to work or in respect to Union activity.

2.5 The University and the Union recognize that in order to retain and promote an efficient and effective operation the parties will strive to form and maintain a partnering relationship.

ARTICLE IIIUNION SECURITY AND CHECK-OFF

3.1 Union Security:

After ninety (90) calendar days from date of hire, all new employees covered by this agreement may elect to become members of the union.

The American Federation of State, County and Municipal Employees, AFL-CIO and the Local Union jointly and separately agree to hold the University of Delaware harmless against any and all claims, demands, suits, and other forms of liability that may arise from administration of this union security provision.

3.2 Check-Off:

The University shall not deduct membership dues from any employee who has not provided the University with a signed written authorization to withhold and remit membership dues.

A. The Union hereby certifies that its present amount of membership dues has been fixed pursuant to the constitution and bylaws of the Union. In the event the amount of its dues is hereafter changed, such change shall be provided in writing to the University

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thirty (30) calendar days prior to any change in dues deductions. The American Federation of State, County and Municipal Employees, AFL-CIO and the Local Union jointly and separately agree to hold the University of Delaware harmless against any and all claims, demands, suits, and other forms of liability that may arise out of or by reason of action taken by the University of Delaware in connection with the deduction of dues. The term “dues” shall not be deemed to include any fine, assessment, contribution, or other form of payment required from AFSCME members except the payment generally required from other members of the bargaining unit.

B. On or before the 25th day of each month the Union shall deliver to the University properly executed Application and Check-Off of Dues forms under which Union membership dues are to be deducted for employees newly joining the Union. Dues deductions shall be made from pay earned in the succeeding payroll period to establish membership for the month following the date of request for deduction. Such withholdings for Union dues are to be transmitted to the duly elected Treasurer of the Local Union for the previous month’s earnings not later than the 10th day of each month.

C. The Union designates Michael Begatto, International Representative, or his/her successors in office, as the person upon whom all notice and process issued by any Delaware agency or Court may be served, with like effect as personal service in relation to any suit, matter, cause, or thing affecting or pertinent to this Agreement.

ARTICLE IVREPRESENTATION

4.l The employees in the bargaining unit shall be represented for the purpose of grievance adjustment by the Union representatives as specified under the grievance procedure in Article V.

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4.2 The Union and the University agree to recognize stewards in accordance with the following:

One steward - GroundsOne steward - Night ShiftTwo stewards - Facilities

4.3 The Union agrees that no one shall be eligible to serve as an officer or steward unless the individual is an employee and their names have been placed on the active list and they are working at the University. Additional stewards may be added if requested by the Union and agreed to by the University.

The names of the officers and stewards shall be given in writing by the Secretary of the Local Union to the Office of Labor Relations at the time of their taking office. The Office of Labor Relations shall also be notified promptly in writing relative to any changes in these positions.

4.4 The privilege is extended to stewards, members of the Grievance Committee and the Local Union President to leave their places of work without loss of pay for a reasonable amount of time with the understanding that such time will be devoted to the proper investigation and processing of grievances as specified in the grievance procedure of Article V. The Union agrees that Union representatives will not abuse this privilege.

Stewards, members of the Grievance Committee and the Local Union President will continue to work at their assigned jobs except when required to leave their work to handle grievances as provided under the grievance procedure. In such instances, Union representatives shall clear their absence from the job with the supervisor and also their presence in other areas with the supervisor concerned. Permission will be granted by the supervisor unless the employee is required on the job because of operational necessity.

4.5 The University will provide a total of twelve (12) person- days of paid leave per year for accredited delegates to attend union conventions (AFSCME International Convention,

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Council 81 Convention, Delaware State Labor Council Convention). Unused days in each year of this contract may be carried over to be used during the term of the contract.

4.6 Time spent by employees, stewards and the local Union officers other than time as specified in this article will not be paid for by the University.

4.7 Visitation

Accredited representatives of the Union shall, upon request by the Union, be admitted to the University campus during working hours for the purpose of ascertaining whether or not this Agreement is being observed by the parties or for assisting in adjusting the grievances. All such representatives shall first report to the Office of Labor Relations before proceeding to other areas of the campus. In the event accredited Union representatives find it necessary to visit the University campus outside of normal office hours, they will contact the Office of Labor Relations and should they not be available, the Director of the University department concerned should be contacted. Such visitation shall be in keeping with security and service requirements of the University.

4.8 The University shall maintain in the Office of Labor Relations seniority records which shall be available for inspection by the members of the Grievance Committee. An up-to-date seniority list will be furnished to the Union on or about April 1 and October 1 of each year.

ARTICLE VGRIEVANCE PROCEDURE AND ARBITRATION

5.1 Processing Grievances

A. A grievance is defined as a disagreement or dispute between the University and an employee or the Union over the application, interpretation or meaning of this Agreement, and shall be acted upon in accordance with the procedure outlined below:

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B. A class-action grievance is defined as a grievance that affects more than one member of the bargaining unit. Such grievances may be submitted directly at Step 2 of the grievance procedure.

C. A grievance of a discharge or suspension shall commence at Step 2.

D. Failure to specify the article and/or section of this Agreement that has allegedly been violated within the grievance will result in a default against the filing party. Defaults establish no precedent with respect to the merits of the claim.

E. The grievant’s personnel file will be made available upon request of the grievant or Union representative for the purposes of processing the grievance at any step of the grievance procedure.

5.2 Consultation

Any employee covered by this Agreement may consult with his or her shop steward during working hours relative to a potential grievance. Upon the request of the employee or shop steward, the employee’ s immediate supervisor shall arrange a meeting between the employee and shop steward as soon as possible.

5.3 The time limits at any step may be extended by the mutual written agreement of the parties involved at that particular step. Failure to file or respond within the specified or mutually agreed upon time limit will result in a default against the party who fails to file or respond within the time limit. Saturdays, Sundays and holidays shall not be applied in computing time limits.

5.4 Steps

A. Step I

Any employee covered by this Agreement shall submit a grievance to his/her immediate supervisor within ten (10) working days after the employee has, or could

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reasonably be expected to have, knowledge of the event that gave rise to the grievance. Grievances shall be submitted in writing on the Grievance Form and signed by both the employee and his/her steward. The immediate supervisor or his/her designee shall hold a meeting with the parties involved within five (5) working days of receipt of the grievance and render a written decision within three (3) working days of the meeting.

B. Step 2

If the Union is dissatisfied with the Step 1 decision, the Chairperson of the Grievance or steward may appeal the decision to the Department Head or his/her designee in writing within five (5) working days of receipt of the Step l decision. If the Union is grieving a discharge or suspension directly at this step, the grievance must be filed with the Department Head or his/her designee within ten (10) working days of the discharge or suspension. The Department Head or his/her designee shall hold a meeting with the Grievance Committee (limited to three members excluding the grievant) within seven (7) working days of receipt of the appeal/grievance and render a written decision to the Chairperson of the Grievance Committee within five (5) working days of the meeting, with a copy to the Office of Employee and Labor Relations.

C. Step 3

If the Union is dissatisfied with the Step 2 decision, the Chairperson of the Grievance Committee or steward may appeal the decision to the Director, Labor and Employee Relations or his/her designee in writing within five (5) working days of receipt of the Step 2 decision. The Director, Employee and Labor Relations or his/her designee shall hold a meeting with the Grievance Committee, Local Union Recording Secretary, and a representative of the International Union within ten (10) working days of receipt of the appeal and render a written decision to the Chairperson of the Grievance Committee within five (5) working days of the meeting.

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D. Step 3(a)

If the Union is dissatisfied with the Step 3 decision, a grievance involving either a suspension or discharge may be referred to mediation overseen by the Federal Mediation and Conciliation Service (FMCS) upon mutual request in writing within fourteen (14) working days of receipt of the Step 3 decision. Both the University and Union must agree with the mediator’s recommendation in writing for it to be binding.

E. Step 4

If the grievance is not resolved at Step 3 or 3(a), or if Step 3(a) is waived, the grievance may be appealed to arbitration. The appeal must be filed with the American Arbitration Association (AAA), with a copy to the Director, Employee and Labor Relations via certified mail or email, within twenty (20) working days of receipt of either the Step 3 decision or completion of the mediation, whichever is applicable.

The arbitrator shall have no power to add to, subtract from or otherwise modify the terms of the Agreement. The arbitration decision shall be rendered within 30 (thirty) calendar days after submission of briefs, if applicable, or the close of the hearing. The decision of the arbitrator shall be final and binding on the parties. The expenses for the arbitrator’s services shall be borne equally by the University and the Union. Additionally, each party shall be responsible for compensating its own representatives. Witnesses for both parties, who are active University employees in a pay status, shall be compensated for hourly wages only, by the University for the period of the hearing. The University shall require all persons pertinent to the grievance to appear and include those requested by the employee to be given time off from work to appear at the hearing.

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ARTICLE VISENIORITY

6.1 Seniority is defined as the length of service of any employee covered by this Agreement starting with the employee’s most recent date of hire. The principal of seniority is recognized as indicated by specific pro visions of the contract.

6.2 New employees hired by the University shall be in a probationary period for the first ninety (90) days of their employment. The ninety (90) day probationary period for new employees may be extended to the first one hundred twenty (120) days of employment by mutual agreement between the University and the Union. During the probationary period, the University may discharge such employee and the discharge shall not be subject to the grievance procedure. After the successful completion of the probationary period, the employee shall be credited with seniority as of the date of hire.

6.3 Termination of Seniority: Employees covered by this Agreement shall lose all seniority for the following reasons:

A. Discharge for just cause.

B. Resignation or retirement.

C. After having been on layoff for a period longer than twelve (12) months.

D. Failure to contact the University in accordance with the recall provisions of 7.3 of this agreement.

E. Failure to return to work on date specified in the special delivery or certified letter in reference to a notice of recall.

F. Failure to properly notify the University of reason for absence within three (3) consecutive working days except for circumstances beyond the control of the employee. Notification shall be in accordance with established practices.

G. Failure to return to work at the expiration of a leave of absence, vacation or other authorized absence.

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ARTICLE VIILAYOFF AND RECALL

7.1 Layoff:

In the event the workload is reduced to a point where layoff becomes necessary, the University shall determine the number of employees, the departments, and the job classifications to be affected, and such layoffs shall be in accordance with the provisions of this article.

Layoffs in classifications within occupational groupings as outlined in Appendix B of this agreement and which are anticipated to exceed 180 calendar days will be effected in the following manner:

A. Layoffs shall begin with those employees having the least seniority in the classification being reduced. An employee shall exercise seniority set forth in Appendix B by bumping an employee in a lower pay grade within their occupational grouping. An employee laid off under this section who previously earned seniority in another job classification at an equivalent or lower pay grade may exercise seniority in the occupational grouping in Appendix B under which that previous classification is listed. Seniority within occupational groupings will be exercised provided that a more senior employee may not displace any employee with less seniority in a higher classification within the job occupational grouping.

B. An employee whose seniority is not sufficient to remain employed in his/her job classification shall be given thirty (30) calendar days notice prior to layoff. Limited Term employees shall be given 5 working days’ notice prior to layoff.

C. For layoffs in job classifications outlined in Appendix C, Unrelated Job Classifications, employees shall exercise their full bargaining unit seniority within their base job classification only.

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D. An employee exercising seniority for such layoffs must have the skill, ability and physical capability to perform the work required.

7.2 Temporary Layoffs:

Layoffs not anticipated to exceed 180 calendar days shall be affected in the following manner:

A. Layoffs shall begin with those employees having the least seniority in the job classification within the department that is initiating the layoff.

B. The departments that will constitute separate units for layoff purposes under this section are: Facilities and Supporting Services.

C. Employees who are to be laid off may request transfers to fill available job vacancies provided they are qualified to do the work. Employees scheduled to work Summer Session may apply for a personal leave of absence as outlined in Article 12.5

7.3 Recall:

The right of seniority with regard to recall shall be accorded to laid off employees prior to new employees being hired in accordance with the following provisions:

A. Employees shall be recalled according to seniority in the inverse order of layoff within their job classification. When a vacancy occurs within a job classification, the most senior employee displaced or on layoff from that job classification will be given first consideration before the job is posted.

B. Recall notification to an employee by special delivery mail or certified mail to the last address appearing on his/her personnel record shall be considered as proper notice of an available job. Each employee shall be responsible for seeing that his/her current address is properly recorded.

C. In the event of a layoff up to but not exceeding 180 calendar days, the recalled employee must contact

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the University within five (5) working days of the first attempt to deliver a special delivery or certified letter of recall. If the U.S. Postal Service is unable to deliver the notice of recall within five (5) working days after the first attempt of delivery, the letter shall be returned to the University and such employee shall forfeit seniority and right of recall.

D. In a layoff under 7.1 of this Agreement, the recalled employee must contact the University within ten (10) working days of the first attempt of delivery of a special delivery or certified letter of recall. If the U.S. Postal Service is unable to deliver the notice of recall within ten (10) working days after the first attempt of delivery, the letter shall be returned to the University and such employee shall forfeit seniority and right of recall.

E. Recalled employees must return to work on the date specified in the letter of recall. Such date will be no less than ten (10) working days from the first attempt by the U.S. Postal Service of delivery of the letter of recall.

F. Employees on layoff will have the right of recall for a period of twelve months from the date of layoff.

7.4 Temporary Jobs:

Employees affected by seasonal layoffs shall be offered temporary job assignments, as they become available, based on the requirements of experience, physical ability to perform the job to which assigned, and seniority. In that these are temporary positions not covered by the bargaining unit, issues arising out of these positions are not subject to the grievance procedure.

ARTICLE VIIITRANSFER AND REASSIGNMENT

8.1 Temporary Transfers:

The University shall have the right to make temporary transfers within departments in order to meet operational requirements or to avoid temporary layoffs. A temporary transfer is defined as the movement of an employee from

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one job classification to another for a continuous period of up to sixty (60) calendar days.

A. An employee temporarily transferred shall be paid the pay rate of the position from which he/she was transferred, or the starting pay rate of the position to which he/she is transferred, whichever is higher. When temporary transfers may be expected to exceed five (5) working days, written notices to include dates of transfers in and out of the temporary positions, job classifications and rates of pay shall be given to employees on temporary transfers. Such notice does not represent a commitment that temporary transfers will be for a guaranteed period of time. Employees who are temporarily upgraded to a higher classification level in pay and who become unable to work for a minimum of five (5) consecutive days or more do not continue to receive the temporary upgrade in pay while out of work. This does not apply to employees filling in during an extended absence.

B. If the temporary transfer is to a classification in a higher pay grade, the appointment of the position, where experience, training, and ability and other relevant factors are relatively equal, will be to the senior employee from among those available. Where the appointment of the position is made to a less senior employee from among those available, the reason for denial shall be provided upon request by the Union.

C. Any job that may require more than sixty (60) calendar days of temporary transfer shall be considered an available job, except when the vacancies are a result of an extended illness/injury or the result of a transfer in lieu of a seasonal layoff.

8.2 Transfers:

A transfer is defined as a permanent movement from one job classification to another with no change in base pay. Requests for transfer will be handled in accordance with the promotion and bidding provisions in Article IX.

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A. The University reserves the right, regardless of seniority, to transfer any employee who has suffered permanent injury and is therefore unable to continue with his/ her usual occupation, or any employee who has been in service of the University for a period of one (l) year or more and who is for any reason not physically able to perform the service required, to any department or occupation that may be available for which the employee is qualified at the established rate of pay for such work. Any employee so transferred shall retain the same seniority rating in the new department that he/she had in the department from which he/she was transferred. Management will discuss with the Union before making such transfers.

B. The University shall administer the area of light duty for ill or injured employees in a fair and consistent manner. Any light duty policy shall be in compliance with the Americans with Disabilities Act.

C. Employees promoted or transferred from the bargaining unit shall cease to accrue seniority. If the employee returns to the bargaining unit, he/she will be credited with and permitted to exercise the seniority previously earned while he/she was a member of the bargaining unit.

8.3 Reassignments:

A reassignment is defined as the permanent movement of an employee within the same job classification to a different work location, shift, or work schedule. Employees with two (2) or more years of continuous service who desire to be reassigned may make such request in writing to the department director or designee. Requests shall be acted upon, as positions become available. Employees are limited to one (1) successful reassignment request in any twelve (12) month period. Awarding of the reassignment request shall be based upon seniority.

8.4 Involuntary Reassignments:

When the University determines the need for a reassignment, it shall first seek volunteers. Should there be no volunteers, the reassignment shall be based on inverse seniority.

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A. Temporary Involuntary Reassignments:

Employees selected for temporary involuntary reassignment, defined as lasting less than sixty (60) working days, shall be given a minimum of five (5) working days’ notice for shift or work schedule changes.

B. Permanent Involuntary Reassignments:

Employees selected for permanent involuntary reassignment shall be given a minimum of thirty (30) calendar days’ notice for shift or work schedule changes.

ARTICLE IXPROMOTION AND BIDDING

9.1 Whenever a vacancy within an employee’s department becomes available, the employee with the greatest seniority in such department will be given first consideration in filling such classification provided skill, experience, and ability are relatively equal among those considered, after the job is posted on all available bulletin boards within that department. Such permanent job vacancies will be posted on these appropriate bulletin boards for seventy- two (72) hours, Monday through Friday. The posting will include the job classification, the department and shift, and the applicable rate of pay. For the purposes of the Article, seniority shall be defined as length of department service in the job classification.

9.2 Where the University does not fill the position from within the employee’s department, then such vacancy will be filled from outside the department after posting on all appropriate bulletin boards for seventy- two (72) hours, Monday through Friday and shall contain the classification, location and assignment. The University retains the right to reassign employees, as needed. The University may fill openings by temporary transfer until the successful bidder has been selected, replaced, and transferred.

9.3 All bids will be made on forms provided by the University to comply with the Office of Federal Contract Compliance. To be considered, the bid must be filed within the 72-hour period above.

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9.4 The award of the position shall be made on the basis of experience, training, ability, and seniority. Where experience, training, and ability are relatively equal, the University will award the position to the senior bidder so qualified. All bidders will receive copies of the specific reasons for their denial of the position. Where the award of a position has been made to a less senior bidder, copies of the bid form containing the reason for denial shall be given to more senior bidders and to the Local Union President. The awarding of the position shall occur in a reason- able amount of time after the position closes.

9.5 The employee selected shall have up to sixty (60) working days as a probationary period on the job. The sixty (60) working day probationary period for employees promoted into the trades designated in Group I, Group II and Group III may be extended to 120 working days by mutual agreement between the University and the Union. If the employee fails to demonstrate his/her ability to fulfill the job requirements, he/she may at any time within the probationary period be either returned by the University or by his/her request to his/her former job classification in which he/she will exercise his/ her seniority. An employee may not submit a bid for another position during his/her probationary period.

9.6 An employee will be limited to two (2) successful bids in any 12 month period. Excluded are bids in lieu of bumping under the layoff procedure.

9.7 Where there are no qualified employees available to fill job vacancies, the University reserves the right to hire qualified employees.

ARTICLE XTRAINING

10.1 In order that the University may be assured a force of competent craftsmen to fill the needs for the future and also that employees working in the skilled trades classifications may have an opportunity to acquire additional knowledge and skill, it may be necessary to employ persons in categories of trainees.

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10.2 A. Such selection of trainees shall be on the basis of seniority and fitness and ability to advance under the training programs as established by the University. Training opportunities shall be posted in accordance with the bidding procedure.

B. The minimum starting rate of pay shall be jointly established by the University and Local 3472.

C. Pay increments shall be granted periodically for the length of the training period established, up to the regular entry rate for the classification concerned. The granting of the pay increments shall be contingent upon the satisfactory training achievements as determined by the University.

D. The training pay increment shall be computed by dividing the number of six-month periods into the difference between the regular job rate and the 68.5% training entry rate, or the rate mutually agreed to in 10.2.B. Increments shall be rounded off to the nearest cent.

10.3 Where there has been previous experience which can be related to the classification for which the employee will be trained, appropriate credit will be given to such trainees for purposes of pay and job status.

10.4 Provided experience requirements for advancement are met satisfactorily, trainees shall be upgraded to the appropriate classifications.

10.5 If such trainees have not progressed sufficiently in their work, they shall be withheld from promotion until such time as they can satisfactorily meet the experience requirements. Failure to meet satisfactory progress within a time period designated by the University will be cause for removal of the trainee from the training program.

10.6 The trainee classifications will be used to train employees for the skilled trades classifications.

10.7 The University and the Union agree to cooperate in utilizing outside funding sources for the purpose of establishing

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traineeships for minority applicants in this bargaining unit. Any such program shall not adversely impact employment or promotional opportunities of employees in the bargaining unit.

10.8 The University and the Union agree to cooperate in utilizing outside funding sources for the purpose of establishing apprenticeships in this bargaining unit.

10.9 The University will make every effort to provide training to employees on all equipment that they use and maintain.

ARTICLE XIDISCHARGE OR DISCIPLINE

11.1 No employee who has completed the probationary period shall be discharged or disciplined without good and sufficient cause.

11.2 Should it be determined that any employee was discharged without just cause, such employee shall be restored to his/ her former status.

11.3 In the event the employee wishes to challenge the suspension or discharge, the employee, through the Union, shall file the grievance at Step 2 of the grievance procedure, within ten (10) working days of that suspension or discharge. The department originating the action will notify the Chairperson of the Grievance Committee and the Office of Labor Relations of suspensions and discharges as they occur.

11.4 No claim for back wages shall exceed the amount of wages the employee would otherwise have earned at his/her regular rate.

11.5 Except as noted below, disciplinary actions shall be removed from the file after two years if there has been no discipline of any kind during that period. Types of discipline that should remain part of an employee’s permanent personnel file are written disciplines for discrimination or sexual harassment.

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11.6 Discipline shall be imposed within ten (10) working days after the University’s discovery of the event given rise to the action and the completion of the internal investigation, unless the delay results in circumstances beyond the University’s control, including, but not limited to, employee/witness unavailability or a pending criminal or Office of Equity and Inclusion investigation. If an internal investigation cannot be completed within ten (10) working days after discovery of the event, the University shall notify a Union representative and the affected employee of the basis for the delay and the anticipated completion date of the investigation.

ARTICLE XIILEAVES OF ABSENCE

12.1 Accident Pay:

When an employee is absent from work as a result of an injury or sickness compensable under the Worker’s Compensation Act may select one of the following two options:

1. The University shall pay his/her regular straight time rate of pay for a regularly scheduled work week up to full salary as long as the employee has sufficient unused sick leave. In such cases, the employee shall reimburse to the University any Worker’s Compensation benefits received during the period for which he/she was paid that amount by the University. The reimbursement shall not exceed the amount of paid sick leave made to the employee by the University. The employee’s unused sick leave shall be reduced by the number of days or any part thereof equivalent to the amount of salary paid to the employee above the Worker’s Compensation benefits received. When sick leave is exhausted, pay above the Worker’s Compensation benefits will cease and the employee retains the Worker’s Compensation benefits he/she may continue to receive.

2. The University shall pay his/her regular straight time rate of pay for a regularly scheduled work week up to full salary as long as the employee has sufficient unused sick leave.

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The employee may also elect to use vacation leave to continue to receive his or her full salary. The employee will retain any Worker’s Compensation benefits paid by the University’s insurance carrier in addition to his or her sick or vacation leave pay. When sick and vacation leave is exhausted, the employee retains the Worker’s Compensation benefits he/ she may continue to receive. Employees may buy back sick leave in one-week increments only.

12.2 Parental Leave:

All full-time employees shall be entitled to parental leave in accordance with the University’s Parental Leave Policy (4-24), as may be amended. A copy of the policy as of January 1, 2020 is included in Appendix D.

12.3 Jury Duty:

The University grants leaves of absence with pay to employees for time spent on jury duty or if the employee is subpoenaed as a witness. Employees who are dismissed from jury duty or released as witnesses will be expected to return to work for the balance of their scheduled work day. Night shift employees who normally would not be expected to work during this period of jury duty shall be similarly compensated.

12.4 Bereavement:

Five (5) days leave of absence with pay will be granted when death occurs in the immediate family (husband, wife, father, mother, sister, brother, son, daughter, stepchildren, step parents, parents-in-law, grandparents and grandchildren). One (1) day only with pay is granted when death occurs for relatives outside the immediate family members for purposes of attending funeral services. If necessary, extended leave without pay may be granted in accordance with Article XII, Section 12.5 - Other Personal Leave - of this Agreement. An employee who is already on a paid or unpaid leave during the death of a relative will not receive bereavement leave. A paid leave, for purposes of this provision, shall include long term illness sick leave, holiday leave, and approved workers’ compensation leave. It shall exclude vacation leave and regular sick leave.

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12.5 Other Personal Leave:

If an employee has exhausted his or her available paid leave, he/she may request an unpaid leave of absence for urgent and compelling reasons by submitting a personal leave of absence request form to the appropriate supervisor.

12.6 Sick Leave:

In the case of illness of an employee, sick leave with pay shall be granted in accordance with the following procedures:

A. Eligibility: To be eligible for benefits, employees must have completed ninety (90) days of satisfactory employment after which they shall be credited with service for purposes of sick leave accrual from their most recent date of employment.

B. Accrual of Sick Leave: Employees earn sick leave monthly at the rate of 14 days per year. Employees must work at least one-half (1/2) the scheduled work days in a calendar month in order to earn any sick leave for that month.

Sick leave shall accrue to a maximum of two hundred and forty (240) days in the Normal sick leave account. Employees will be provided, upon request, information regarding the number of sick leave days which they have accrued.

The employee will use Normal sick leave days, vacation, and if necessary, leave without pay for the initial thirty (30) calendar day qualifying period. Work related injuries and participation in the Employee Assistance and Wellness Program are excluded from the Long Term Illness account.

The Long Term Illness account will continue to be administered for those employees employed prior to January 1, 1991. The number of days each employee has in his/her account shall be frozen at its present level. Sick leave days used from this account will not be replenished. The University and the Union have agreed that, by this method, the Long Term Illness account shall be phased out.

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For employees hired BEFORE January 1, 1991, the administration of the Long Term Illness Account is outlined as follows:

The thirty (30) sick leave days was provided to each qualifying employee one time and be used by employees who incur catastrophic or major illness causing an absence of more than thirty (30) calendar days duration. The employee will use Normal sick leave days, vacation, and if necessary, leave without pay for the initial thirty (30) calendar day qualifying period. Work related injuries and participation in the Employee Assistance and Wellness Program are excluded from the Long Term Illness Account. Each employee had added to their Long Term Illness account the one-quarter (1/4) day per month (3 days per year) they earned until the sixty (60) day maximum cap was reached.

The sixty (60) maximum cap included the thirty (30) day initial seeding by the University and a thirty (30) day earned maximum by the employee. Utilization of the Long Term Illness account begins with the days seeded by the University.

Effective January 1, 2015 employees shall be permitted to transfer days from their LTI account to their regular sick leave account. The regular sick leave account cannot exceed one hundred and twenty (120) days.

C. Employees who retire on or after January 1, 1992 under the Pension Plan may opt to receive $25.00 for each day of unused accrued sick leave at retirement. To be eligible for this payment, an employee must have accrued a minimum of forty-five (45) unused sick days at time of retirement.

At retirement, the employee’s unused earned portion of the Long Term Illness account (excluding the days seeded by the University) may be combined with the unused sick leave in their Normal account for payout purposes. The maximum total of unused sick leave from both accounts is one hundred and twenty (120) days for retirement payout.

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D. To receive sick benefits during prolonged disability, the University reserves the right to require satisfactory evidence of employees’ illness or injury. Sick benefits will not be paid to employees on leaves of absence without pay.

E. If one of the paid holidays occurs during the period in which the employee receives sick pay, he/she will be paid for the holiday and the day will not be charged to his/her sick leave allowance. The rate of pay for the paid holiday will be the same as the rate paid for the illness.

F. Employee are required to provide a physician’s certificate for absences of three (3) or more consecutive work days. An employee who does not provide a doctor’s note immediately following his/her return to work after an absence of three (3) or more consecutive days may be subject to disciplinary action. A physician’s statement certifying the medical justification for an employee’s absence will not normally be requested for absences of less than three (3) consecutive work days. However, should there be an attendance situation which appears to warrant it, the employee shall be notified in writing that a physician’s certificate will be required for all future absences that are to be charged to sick leave. This certificate requirement will be reviewed each six (6) months following such notification.

G. Six (6) days sick leave may be used for the illness of an employee’s spouse, dependent minor child(ren) and/or parent(s).

12.7 Non-occupational Personal Injury or Illness on the Job:

An employee taken ill during working hours and sent home by the Student Health Services physician or by his/her supervisor shall be paid provided such time is charged to the employee’s accumulated sick leave.

12.8 Leave of Absence Without Pay:

An employee, after completing one year of seniority, will receive upon request a leave of absence without pay for up to one year for non-work related injury or extended illness.

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This one-year period includes the use of the employee’s paid sick leave and earned vacation.

12.9 A committee composed of no more than five (5) members designated by both the Union and the University, respectively, shall meet to develop a Time and Attendance policy that includes procedures and disciplinary guidelines for violations of the policy, including, but not limited to, excessive absenteeism, abuse of paid leave, and procedures for call outs and clocking in/out. The policy shall be implemented by January 1, 2021, unless otherwise mutually agreed to by the parties.

With regard to the employees covered by this Agreement, the University may require employees to provide proof of illness, call out and clock in/out of work in accordance with the procedures and guidelines outlined in the agreed-upon policy.

ARTICLE XIIIHOURS OF WORK AND OVERTIME

13.1 Work Week:

A. The normal work week is 40 hours, scheduled consistent with the needs of the University Monday through Friday with a half hour for meals with the exception of employees who follow separate work schedules in support of particular requirements. These schedules may require work weeks of 44, 48, or more hours per week. The standard work week may be varied in accordance with academic and nonacademic schedules to include Saturdays and Sundays as the requirements may dictate; and in case of an emergency, the hours worked per week may be operated so that the regular work week may be less than 40 hours.

B. The regularly scheduled work week for employees in the Facilities Management Department’s Boiler/Chiller Plant who are working a twenty-four (24) hour, seven (7) day a week operation will start at 11:01 p.m. Saturday and end one hundred and sixty-eight (168) hours thereafter.

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C. A working group composed of no more than five (5) members designated by both the Union and the University, respectively, shall meet to discuss implantation/location of time clocks and develop a procedure to address issues that may arise relating to time clock usage.

With regard to employees covered by this Agreement, the University may require employees to clock in/out of work after January 1, 2021, unless otherwise mutually agreed to by the parties.

13.2 Rest Periods:

Two 15-minute breaks shall be allowed during each working day. Rest periods should be taken at a time and in a manner that does not interfere with the efficiency of the work unit, normally mid-morning and mid-afternoon (excluding emergencies).

13.3 Shift Hours and Shift Premium:

The first shift is any shift that regularly starts on or after 5:00 a.m. but before 1 p.m. Employees who work on this shift on a regular basis, shall receive their hourly rate of pay. The second shift is any shift that regularly starts on or after 1 p.m. but before 9 p.m. (Effective January 1, 2020) employees who work on the second shift shall receive, for all hours worked, in addition to their regular pay, $.80 per hour for the life of this contract - The third shift is any shift that regularly starts on or after 9 p.m. but before 5 a.m. Employees who work on the third shift shall receive, for all hours worked, in addition to their regular pay, $.90 per hour.

13.4 Overtime Compensation and Distribution:

A. One and one-half times the regular hourly rate shall be paid for all hours worked in excess of eight hours, or in excess of 40 hours per week. In the event that the employer changes an employee’s regular work shift, one and one-half times the regular hourly rate shall be paid for all hours worked in excess of eight (8) hours in any continuous 24-hour period, or in excess of 40 hours per week. Exceptions shall be swing shifts for the purpose

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of rotating shift-time assignments in units required to provide 24-hour, seven-day-a-week service.

In no event shall payment of daily, weekly or holiday overtime rates be required for the same hours of work, nor shall any overtime or additional compensation other than shift premiums provided in this Agreement, be taken into consideration for computing rates of pay. Paid vacation days, paid holidays, paid sick leave days, and work days lost because of compensable on-the-job injuries, shall be counted as routine 8-hour workdays for purposes of computing overtime.

B. Overtime shall be distributed among bargaining unit employees within their respective job classifications and departments as nearly equal as possible. Employees will be expected to work such overtime as may be authorized by the University unless they have a reasonable excuse. Employees shall have a minimum of 3 hours scheduled overtime work.

For the convenience of the employee, the University shall make every effort to give advance notice of overtime requirements in the following manner:

• In the case of an extension of the regular shift beyond eight (8) hours, four (4) hours notice will be given.

• In the case of a full eight-hour (8) shift or less on a regularly scheduled day off, forty-eight (48) hours notice will be given.

Employees not desiring overtime, in instances where the University was unable to offer such advance notice, will not be charged for the hours of overtime they could have worked. Failing the necessary number of qualified employees to fulfill the overtime requirement, the University will detail overtime assignments to the least senior employee who must work the overtime. As need for overtime recurs, assignments will be distributed in order of ascending seniority in the classification required on a rotating basis.

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Electronics Repairers shall agree that overtime for away football games will be considered non chargeable and non-calculated in the standard chargeable overtime of the electronic shop and can be forced to work the appropriate hours. The provisions for overtime pay as previously agreed shall remain in effect. Reference attached Football Game Agreement.

C. Department supervisors shall maintain overtime records to insure proper distribution. Whenever the difference in overtime hours credited to employees within a classification and department equals or exceeds 30 hours, available overtime will be granted to those employees credited with the lesser number of hours until such time as this difference is reduced to below 20 hours, provided such employees possess the requisite skills. Overtime records will be updated quarterly, and the University will make every effort to correct overtime distribution inequities at those times.

For the purpose of equalizing overtime between A-D and B-C shifts in the Utility Operator/Mechanic positions, seventy-two (72) hours will be substituted for the thirty (30) hours above.

D. Whenever an employee is hired, recalled, or permanently transferred into a job classification, he/she will be credited with the average amount of overtime of the employees in the new classification and department.

E. Overtime not worked because the employee was not available will be charged to such employees on the basis of the average number of overtime hours of those employees working such overtime period. Unscheduled call-in time is exempt from this section.

F. It is recognized that within the twenty-four (24) hours, seven (7) day a week operation in the Facilities Management Department’s Boiler/ Chiller Plant, overtime will occur due to vacation, sickness and other absences of employees who are otherwise scheduled

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to work. In order to fill work schedule voids, a mutual cooperation between the operators and management must be expected. Management reserves the right to schedule overtime among those operators on scheduled days off, and those operators so scheduled must report for work.

The University agrees to implement a 12-hour shift schedule for its employees, Heating/Chill Water Plant Operators and Utility Operator/Mechanics. This schedule will produce work weeks of 4840-44-36 hours. As a condition to this agreement, the Union waives any right to shift premium for its members involved in this program.

G. Compensatory time at the rate of time and a half may be used subject to the approval of the supervisor. Employees may elect compensatory time at the rate of one and one-half, or overtime may be paid at the rate of time and one-half. Compensatory time may be used subject to the operational needs of the facility. However, operational needs may dictate that the University is unable to grant compensatory time off. Compensatory time not used within thirty (30) days of the date it is earned shall be paid.

H. The Facilities Management department recognizes that certain operating procedures will require Heating/Chill Water Plant Operators and Utility Operator/Mechanics to work unscheduled overtime. Henceforth, so as to provide meal provisions under such circum- stances, Heating/Chill Water Plant Operators and Utility Operator/Mechanics who are required to work an unscheduled double shift in excess of twelve (12) consecutive hours, will receive a maximum meal provision allowance of $5.25 upon presentation of a dated, paid meal receipt. In the event outside food services are unable to deliver food between the hours of 11:00 p.m. and 7:00 a.m., the third shift Vehicle Maintenance employee can be called by the Heating/Chill Water Plant Operators and Utility

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Operator/Mechanics to pick up and deliver an ordered meal. If the third shift Vehicle Maintenance employee is not working, the Public Safety Department may be called for this service.

I. In order to give early approval for granting of vacation, beginning March 1st, employees may submit their requests for vacation periods for five (5) days or more, for the period July 1st of the current year through June 30th of the following year. Work circumstances permitting, employees will have their vacations approved for the time requested. Other vacation requests must be submitted at least two (2) weeks in advance of the vacation time requested. Vacation requests will be granted, if at all possible, in accordance with operational and staffing needs. Requests for emergency vacation submitted after the required two (2) week period may be granted in accordance with operational and staffing needs. In all cases, where two (2) or more employees file vacation requests on the same day for the same or over- lapping periods, seniority shall be the determining factor.

13.5 Call-In Pay:

An employee reporting for emergency duty at the employer’s request for work which he/she had not been notified in advance and which is outside of and not continuous with his/her regular work period shall be guaranteed at least four (4) hours’ work at the rate of time and one-half.

13.6 Reporting Pay:

An employee who reports for scheduled work and no work is available will receive three (3) hours’ pay at his/her regular straight time rate.

13.7 Flexible Work Schedule:

An employee may request to work a flexible work week schedule subject to management’s approval. The flexible work schedule shall be considered by management based upon operational and staffing needs. The flexible hours

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must occur within the same work week. An employee working more than 8 hours in a 24-hour period will not be subject to the overtime provision outlined in section 13.4 and 13.5 of the cba. Flexible work schedule requests are grievable subject to unreasonable denial.

ARTICLE XIVHOLIDAYS

14.1 Recognized holidays with pay are as follows:

All full-time employees shall be entitled to holidays in accordance with the University’s Holidays Policy (4-47), as may be amended. A copy of the policy as of January 1, 2020, is included in the Appendix E.

14.2 Employees with an unpaid absence on a scheduled work day which immediately precedes or follows the holiday are not eligible for a holiday pay. When the work day immediately preceding or immediately following the holiday is an excused absence without pay, the request for such excused absence must be made and granted in accordance with Article XII, Section 12.5 - Other Personal Leave, in order for the employee to receive holiday pay. Employees required to work on a holiday will be paid for that time at time and one- half their regular rate in addition to the holiday pay or be given compensatory time off at time and one-half within the pay period following the holiday, such compensatory time off date to be mutually agreed upon by the employee and supervisor.

14.3 If a holiday falls outside the employee’s scheduled work week, then such employee shall receive straight time pay for the number of hours in his/her regularly scheduled working day as compensation for such paid holiday.

ARTICLE XVVACATION

15.1 Employees covered by the terms of this Collective Bargaining Agreement and meeting the eligibility requirement criteria shall be granted paid vacation when mutually agreed upon

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by the employee and the supervisors as specified below. Personnel on leave of absence (lay-off) as of July 1 shall be credited with such additional vacation days, as individually eligible under this vacation schedule, upon return to employment following recall.

EARNED VACATION SCHEDULE

LENGTH OF SERVICE VACATIONLess than one full year 1 day per full month of service to a maximum of 10 days After completion of 1 year of service 2 weeks After completion of 2 years of service 3 weeksAfter completion of 4 years of service 4 weeks After completion of 5 years of service 4 weeks and 2 days

This provision will be applicable to current employees with five (5) to nine (9) full fiscal years of service beginning July 1, 1983. The provision will apply to current employees with less than five (5) full fiscal years of service beginning July 1, 1984.

Requests for vacation must be submitted at least two (2) weeks in advance of the vacation time requested. Vacation requests will be granted, if at all possible, in accordance with operational and staffing needs. Requests for emergency vacation submitted after the required two (2) week period may be granted in accordance with operational and staffing needs. However, requests for a single vacation day will be granted, in accordance with operational and staffing needs, if submitted two (2) work days in advance. Where two or more employees file vacation requests on the same day for the same or overlapping time periods, seniority shall be the determining factor.

15.2 Eligible employees desiring earned vacation pay, when their scheduled vacation includes a regular pay day, may apply through their department. Such requests, in order to be considered, must be submitted in writing no later than thirty (30) calendar days prior to the date of vacation and must be for periods of vacation time of no less than forty (40) hours. All such requests are subject to approval of the director concerned.

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15.3 For purposes of computing vacation allowances:

A. No deduction is made for time lost because of normal shutdown at Thanksgiving, Christmas, end of fall semester, and spring recess.

B. A month is counted for vacation credit only if the employee is on a paid status for at least one-half (1/2) the normal scheduled work days of that month.

C. Vacation time is earned only while the employee is actively working in a regular approved budget line item position. Employees will be provided, upon request, information regarding the number of vacation days which they have accrued or earned. Vacation is earned on a month to month basis.

D. University personnel, where employment is interrupted by layoff, receive vacation credit for the month in which recalled if they begin work on their unit’s first scheduled working day. To receive credit for the month in which laid off, they must work through their unit’s last scheduled working day.

15.4 Employees who resign after three (3) full calendar months or more of continuous service receive vacation pay. In order to receive unused earned vacation, an employee must give two weeks’ notice prior to termination or five (5) days’ notice and reasonable cause. Employees terminated for cause will receive unused earned vacation. In the event of an employee’s death, payment for unused earned vacation will be included in the final paycheck.

15.5 Vacation may be used as it is earned and cannot be advanced. At any given time, employees may not accumulate vacation days beyond the maximum allowable days as indicated in the following schedule:

Maximum Allowable Vacation Accumulation Bank

Less than 1 year of service 10 days Completion of 1 year of service 30 days Completion of 2 years of service 35 days Completion of 4 years of service 40 days Completion of 5 years of service 42 days

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15.6 The fiscal year of the University of Delaware shall be July 1 through June 30 of the next year.

ARTICLE XVIHEALTH AND WELFARE

On July 1, 1988 the University introduced a flexible benefits program for all eligible employees, including members of this bargaining unit. This program offers opportunities for selecting medical, dental, life and disability insurances. Employees shall use UDollars provided by the University to assist in paying for the benefits selected. If the total costs exceed the UDollars provided, employees shall pay the difference with pre-tax dollars. There are also tax saving opportunities through flexible spending accounts for employees who have medical or dependent day care expenses. The benefits enrollment period shall occur once each year in May. The benefits plan year begins on July 1 and ends on June 30 of each year.

16.1 Group Life Insurance:

The University shall provide UDollars for each full-time employee to select one option from the group life insurance choices offered through the flexible benefits program. Employees who do not make a selection will receive coverage as follows:

A. Life insurance will be defaulted to two (2) times salary if no election is made

16.2 Total Disability Insurance:

The University shall provide UDollars for each full-time employee to select one option from the disability insurance choices offered through the flexible benefits program. This insurance will supplement disability benefits provided under the State of Delaware Pension plan, Worker’s Compensation and the federal Social Security programs, as appropriate. It will pay the difference between the total monthly benefits from any state and federal programs and the percentage of sala1y selected by the employee.

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16.3 State of Delaware Group Health Insurance Program (GHIP):

The University shall provide UDollars equivalent to a fixed cost share established for each of the health plans offered through the State of Delaware. The University’s medical plan contribution ranges from 86.75% to 96% of the total premium depending on the plan and coverage tier. Catastrophic Coverage is included in all University health care plans.

Employees desiring to participate in this program must enroll within thirty (30) calendar days of their benefit eligibility date. A new employee who does not make a medical benefit election within the first thirty (30) days of eligibility will be defaulted to the Highmark Delaware First State Basic plan. Catastrophic Coverage is included in all University health care plans.

16.4 Dental Plan:

The University shall provide UDollars for full-time employees to select all plan coverage levels through the flexible benefits program. Employees may also choose to waive this coverage and receive a monetary amount which they may use to either increase their flex benefits or their taxable income. Dental maximums provided under the current family dental program are $1,750 per year.

16.5 Vision Program:

The University provides pre-tax Flex Credit to cover the premium for full-time employees; benefits for dependents are voluntary at an additional cost.

16.6 Education Benefits:

The University shall provide a tuition remission program for eligible spouses and dependents of bargaining unit members. Employees may apply for two (2) tuition remissions during either the fall or spring semester for either their dependent children or a spouse and dependent child. Recipients of this program may take seventeen (17) plus credits during each regular semester at no charge if

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enrolled as full-time matriculated undergraduate students. This benefit will be implemented in accordance with applicable University policy.

The University shall provide two (2) course fee waiver benefits per semester up to a maximum of six (6) course fee waivers per calendar year. A bargaining unit member, the spouse or dependent child may enroll without payment of course tuition during each semester or session up to the maximum of six (6) course fee waivers per year. Enrollment in academic credit courses related to study trips or enrollment in non-credit courses will be permitted through this benefit only if such enrollment does not displace a paying student from the class or add appreciable costs to the University. This benefit will be implemented in accordance with applicable University policy.

Spouses of employees who have not remarried and/or their natural or adopted children will be eligible for tuition remission at the University of Delaware, even if they have not matriculated at the time the employee retirees, becomes totally disabled or dies.

16.7 A full-time employee is defined as an employee working thirty (30) or more hours per week on a regularly scheduled basis in a position contained as a permanent line item in the University budget.

16.8 Personnel who may be laid off due to lack of work and who otherwise qualify for University payment of their benefits shall continue to receive University payment in support of these benefits for a period of three (3) months following date of layoff. University support shall conform to the requirements of the flexible benefits program and the conditions set by the various insurance companies

16.9 Personnel who may otherwise request leaves of absence without pay must continue coverage at their own expense even though the University paid for their benefits while actively employed. All requests to continue insurance will be subject to the legal and contractual provisions of the programs.

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16.10 University benefits provided herein will be discontinued in accordance with the Consolidated Omnibus Budget Reconciliation Act when an employee covered by this Agreement quits, retires, is discharged or suffers loss of seniority under the conditions of Article VI, Section 6.3, Termination of Seniority.

Seventy-five (75) “wellness dollars” will be provided for each employee yearly to defray costs of University approved on- campus wellness programs in accordance with guidelines.

16.11 It is specifically agreed that the establishment, administration, interpretation, or application of insurance and pension plans in which employees covered by this Agreement are eligible to participate are not subject to arbitration.

16.12 The University Benefits Office will conduct benefits enrollment sessions for AFSCME employees for the purpose of providing information on the University Benefits Program. Special attention will be focused on explaining the various health insurance programs available to AFSCME employees. The meetings will also provide opportunities for questions. These sessions will be conducted at least once each year.

ARTICLE XVIINEW JOBS

17.1 It is agreed that the introduction of new equipment and processes may call for the elimination, change, or consolidation of job classifications and the creation of new classifications.

17.2 If, in the opinion of the University, new jobs must be created or existing jobs changed or eliminated, it shall have the right to make such changes, establishing new or changed jobs and rates. The University and the Union shall negotiate rates for newly created and changed positions. Discussions must be held with the Union prior to the implementation of such changes.

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ARTICLE XVIIILEGAL CONFLICTS

18.1 Should any applicable federal or state law or any applicable court or administrative order or ruling conflict with any provision of this Agreement, the provision so affected shall be made to conform to the law, order, or ruling, and otherwise the Agreement shall continue in full force and effect.

ARTICLE XIXNO STRIKES OR LOCKOUTS

19.1 During the life of this Agreement there shall be no strikes, walk-outs, stoppages of work, sitdowns, boycotts, or any other direct or indirect interference with the University’s operations. The University agrees that there shall be no lockout during the life of this Agreement.

ARTICLE XXSAFETY

20.1 The University agrees to make reasonable provisions for the safety and health of the employees during the hours of their employment. Any complaints that arise as to safety or health may be taken up under the grievance procedure.

The University and the Union shall cooperate in the enforcement of safety regulations. Concerns regarding unsafe or unhealthy conditions in the work place will be discussed at labor-management meetings. Safety committees will be established in accordance with the University Safety Policy.

20.2 The University will, at its expense, provide protective devices and safety equipment which in the opinion of the University are necessary to protect employees. The University will pay up to a maximum of $150, toward the purchase of one pair of approved safety footwear for bargaining unit employees. This amount will be available each fiscal year. Approved footwear must comply with ANSI standards as they apply to the employee’s occupation.

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20.3 A committee composed of no more than four (4) members designated by both the Union and the University, respectively, shall meet to develop a drug and alcohol testing policy that includes testing procedures and disciplinary guidelines for violations of the policy. The policy shall be implemented by January 1, 2021, unless mutually agreed to by the parties.

With regard to employees covered by this Agreement, the University may require employees to submit to testing following a workplace accident/incident in accordance with the procedures and guidelines outlined in the agreed-upon policy.

ARTICLE XXINON-DISCRIMINATION

21.1 The University and the Union agree that neither race, color, religion, sex, national or ethnic origin, age, handicapped, nor veteran status shall be used for discrimination in any of the employment practices and the administration of policies and practices affecting employees.

21.2 The union recognizes that the employer will make good faith attempt regarding its obligations to take all actions necessary to comply with the Americans with Disabilities Act.

ARTICLE XXIIMILITARY SERVICE

22.1 The University shall provide for the reemployment of returning veterans in accordance with the provisions of the applicable federal and state laws and the terms of this Agreement.

22.2 The seniority established by those employees entering military service will be protected and for seniority purposes they will be given credit for military service.

22.3 An employee who is required to take time off from work for examination for induction into the Armed Services will be paid for that day or portion thereof not worked, payment to

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be made to the employee’s regular straight time rate up to a maximum of eight (8) hours. A night shift employee who as a result of having to undergo such induction examination is not reasonably able to work his regularly scheduled shift hours shall be compensated similarly.

22.4

A. Employees who are affiliated with National Guard units and who may be called for active duty by official state or federal declaration, under emergency conditions, will continue to receive their regular salary or wages for a period up to five (5) working days of service, with the provision that they remit to the University their military pay for those days which would have been their normal work days at the University. In those instances where an employee’s military pay exceeds his/her University pay, only the amount equivalent to the University pay for the days involved is to be reimbursed to the University. For periods of emergency military service in excess of five (5) days, a separate decision will be rendered for each individual concerned.

B. Employees with ninety (90) or more days of University service, who are members of the National Guard or Military Reserve units and required to attend annual reserve training periods or encampment programs shall receive make-up pay for a period not to exceed four- teen (14) consecutive calendar days in any one (1) calendar year. The make-up pay shall be the difference between government pay and the straight time base hourly rate of the employee multiplied by eight (8) hours for each day of his/her normal work schedule. An employee must file a copy of his/her orders with the Office of Labor Relations and will be placed on military leave of absence without pay. In order to receive make-up pay under this provision, each employee shall be responsible for furnishing proof of attendance and a statement of government pay received.

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ARTICLE XXIIIGENERAL

23.1 It is not expected that supervisors or managers would normally engage in production or maintenance work. However, they may perform any required duties and functions in emergencies and for short durations of time when their service is essential. It is agreed that existing practices in this regard are satisfactory and are within the meaning of this article. Additionally, they may engage in work for instructional purposes.

Any employee may be utilized as required under emergency operation to perform work to lessen or remove the emergency existing.

23.2 Employment of Casual Labor:

The University may employ casual labor including students with the provision that the employment of such casual labor shall not cause the layoff, reduction of hours, or discharge of any regular employees in the bargaining unit.

23.3 Meal Provisions:

The University will furnish meals, providing University facilities are available to employees required to work, under the following conditions:

A. Work due to a large-scale emergency such as snow removal, loss of electrical power, etc., provided the employees’ services are required through their normal meal period.

B. Where employees are required to work unscheduled overtime in excess of three (3) hours - unscheduled overtime being defined as when notice is not given prior to the close of the previous days’ shift.

C. Additionally, overtime schedules may be programmed to permit employees to return home during the meal periods as a matter of convenience to the employee, upon mutual agreement.

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23.4 Physical Examination:

Employees in hazardous occupations or any other employees upon reasonable cause are expected to take such examination and Hepatitis A & B vaccines, including follow-up visits for employees in the Plumber, Certified Plumber, Sr. Plumber, Maintenance Mechanic and Operations Mechanic classifications related to the Hepatitis A & B vaccines as may be required by the University. The cost of such examination shall be borne by the University

23.5 Bulletin Boards:

The University agrees to provide space on selected bulletin boards where Union notices may be posted. Such notices must relate to Union meetings, elections, or social affairs. Such notices will be submitted by the President of the Local Union to the Office of Labor Relations before posting.

23.6 Employees shall provide their respective department personnel office with their current mailing address and telephone number upon date of hire. Employees shall update any address or telephone number changes as they occur.

23.7 The Utility Operator/Mechanics will handle the Operations Center Calls during the “off hours” and act as dispatch, when not otherwise occupied with Central Plant Operations.

23.8 The University shall pay the cost of all licensing, training and /or certificates required by the job description.

ARTICLE XXIVCLASSIFICATIONS AND HOURLY WAGE SCALES

24.1 The hourly wage scales for each classification covered under the bargaining unit are established and made part of this Agreement and are shown in Appendix A to be effective as indicated.

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24.2 Group Leader Compensation:

A. Group Leader positions as they become available shall be posted within the assigned work area concerned. Bidding shall be restricted to employees in the same classification. Procedures and criteria to be followed will be in accordance with Article IX - Promotion and Bidding. Newly appointed Group Leaders are considered as probationary for the first sixty (60) days of service in that capacity.

B. When an employee is appointed to Group Leader, such employee shall receive the average hourly rate of the group being led, and a premium of 5% of the job rate for his classification, or the Group Leader’s current job rate and a premium of 5% of the job rate for his classification, whichever is greater. No Employee, through the addition of group leader compensation, shall earn more than $0.01 less than the highest wage in the bargaining unit. Shift differential shall be excluded from the application of this provision.

C. In instances where Group leaders are removed from Group Leaderships for cause or management convenience, such Group Leaders shall have their pay rate adjusted to the hourly rate of pay earned prior to Group Leader appointment, plus negotiated increases.

D. Employees appointed to temporary Group Leaderships of students, or in instances of special events or requirements, will receive an additional 5% of the job rate for the classification concerned for the period of such temporary group leadership only, and thereafter their rate of pay shall be adjusted to delete the Group Leader premium.

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24.3 Whenever an employee is assigned to work in a higher rated classification, the employee shall be paid the higher rate for the time worked in such classification.

ARTICLE XXVFINANCIAL SUPPORT

25.1 It is recognized that financial support of personnel benefits, hourly wage rates, and other economic factors are contingent upon the receipt of operating funds from the State of Delaware. In the event that the University total budget support requested from the State of Delaware is not granted, then the University reserves the right to re-examine and alter the economic benefits previously established in consultation with the Union.

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ARTICLE XXVITERM OF AGREEMENT

26.1 This Agreement shall go into effect as of January 1, 2020 and shall continue in effect through June 30, 2023 and from year to year thereafter unless at least sixty (60) calendar days prior to the expiration of this Agreement, or any anniversary date thereafter, notice in writing shall be given by either party to the other of the desire to amend, alter, abrogate or negotiate a new Agreement.

By mutual consent of both parties a memorandum of understanding may be entered into modifying or extending the term of this Agreement which, when signed and ratified, shall constitute an extension of the term of this Agreement.

For the University:

Peter Krawchyk Vice President, Facili�-Real Estate and Auxiliary Services

Brooke C. Minor Director, Employee and Labor Relations For the Union:

For the Union:

Angela LaManna Staff Representative, AFSCME, Council 81

Chris Merlino President, AFSCME, Local 34 72

Ed Dant Vice President, AFSCME, Local 34 72

Date

Date

12-/21&Date

Date

For the University of Delaware:

For AFSCME, Local 3472:

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APPENDIX AWAGE SCALES

1/1/2020 7/1/2020 7/1/2021 7/1/2022 Hourly Pay Hourly Pay Hourly Pay Hourly Pay Rate Rate Rate RateGroup IBoiler Mechanic Tech. Team Leader $35.15 $35.85 $36.57 $37.30 Building Systems Tech. Team Leader $35.15 $35.85 $36.57 $37.30 Operations Mechanic $35.15 $35.85 $36.57 $37.30 Sr. Heavy Refrigeration Mechanic $35.15 $35.85 $36.57 $37.30 Utility Plant Systems Tech. Team Leader $35.15 $35.85 $36.57 $37.30 Utility Operator/Mechanic $35.15 $35.85 $36.57 $37.30 HVAC Technical Team Leader $34.22 $34.90 $35.60 $36.31 Sr. Electrician $34.22 $34.90 $35.60 $36.31 Sr. Plumber $34.22 $34.90 $35.60 $36.31 Boiler Mechanic $33.09 $33.75 $34.43 $35.12 Heavy Refrigeration Mechanic $33.09 $33.75 $34.43 $35.12 Maintenance Mechanic $33.09 $33.75 $34.43 $35.12 Sr. Electronics Repairer $33.09 $33.75 $34.43 $35.12 Utility Plant Instrument Control Tech. $33.09 $33.75 $34.43 $35.12 Welder/Boiler Mechanic $33.09 $33.75 $34.43 $35.12

Group IIAccess Control Technician $31.64 $32.27 $32.92 $33.58 Cabinetmaker $31.64 $32.27 $32.92 $33.58 Certified HVAC Technician $31.64 $32.27 $32.92 $33.58 Certified Plumber $31.64 $32.27 $32.92 $33.58 Electrician $31.64 $32.27 $32.92 $33.58 Instrument Controls Mechanic $31.64 $32.27 $32.92 $33.58 Sr. Carpenter $31.64 $32.27 $32.92 $33.58 Sr. Insulation Technician $31.64 $32.27 $32.92 $33.58 Sr. Locksmith $31.64 $32.27 $32.92 $33.58 Sr. Mechanic $31.64 $32.27 $32.92 $33.58 Sr. Roofer $31.64 $32.27 $32.92 $33.58 Sr. Vehicle Technician $31.64 $32.27 $32.92 $33.58

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APPENDIX A WAGE SCALES (cont’d)

1/1/2020 7/1/2020 7/1/2021 7/1/2022 Hourly Pay Hourly Pay Hourly Pay Hourly Pay Rate Rate Rate RateGroup III Utility Mechanic/Dining $30.42 $31.03 $31.65 $32.28 Arborist $29.31 $29.90 $30.50 $31.11 Carpenter $29.31 $29.90 $30.50 $31.11 Custom Upholsterer $29.31 $29.90 $30.50 $31.11 Electronics Repairer $29.31 $29.90 $30.50 $31.11 Excavator $29.31 $29.90 $30.50 $31.11 Fire Suppression Technician $29.31 $29.90 $30.50 $31.11 Glass Technician $29.31 $29.90 $30.50 $31.11 Grounds Equipment Mechanic $29.31 $29.90 $30.50 $31.11 Grounds Technician $29.31 $29.90 $30.50 $31.11 Horticulturist $29.31 $29.90 $30.50 $31.11 Insulation Technician $29.31 $29.90 $30.50 $31.11 Locksmith $29.31 $29.90 $30.50 $31.11 Pest Control Specialist $29.31 $29.90 $30.50 $31.11 Plasterer/Mason $29.31 $29.90 $30.50 $31.11 Plumber $29.31 $29.90 $30.50 $31.11 Roofer $29.31 $29.90 $30.50 $31.11 Sr. Painter $29.31 $29.90 $30.50 $31.11 Sports Turf Technician $29.31 $29.90 $30.50 $31.11 Vehicle Technician $29.31 $29.90 $30.50 $31.11

Group IV Assistant Excavator $27.07 $27.61 $28.16 $28.72 Painter $27.07 $27.61 $28.16 $28.72 Pest Control Assistant $27.07 $27.61 $28.16 $28.72 Sports Turf Technician Assistant $27.07 $27.61 $28.16 $28.72

Group V Arborist Helper $23.46 $23.93 $24.41 $24.90 Fire Door Inspector $23.46 $23.93 $24.41 $24.90 Skilled Trades Helper - Boiler $23.46 $23.93 $24.41 $24.90 Skilled Trades Helper - Carpenter $23.46 $23.93 $24.41 $24.90 Skilled Trades Helper - Electrical $23.46 $23.93 $24.41 $24.90 Skilled Trades Helper - Electronics Repairer $23.46 $23.93 $24.41 $24.90 Skilled Trades Helper - HVAC $23.46 $23.93 $24.41 $24.90 Skilled Trades Helper - Locksmith $23.46 $23.93 $24.41 $24.90 Skilled Trades Helper - Plumber $23.46 $23.93 $24.41 $24.90 Vehicle Technician Helper $23.46 $23.93 $24.41 $24.90

Group V Filter Changer $20.31 $20.72 $21.13 $21.55

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CATEGORY AHelpers (as listed in Group V,

Appendix A)

CATEGORY BPest Control Specialist Pest Control Assistant

CATEGORY CSr. PainterGlass Technician Painter

CATEGORY DSr. Carpenter or Cabinetmaker CarpenterHelpers (as listed in Group V,

Appendix A)

CATEGORY EBoiler Mechanic Technical Team

LeaderBoiler MechanicWelder/Boiler MechanicHelpers (as listed in Group V,

Appendix A)

CATEGORY FSr. Electrician ElectricianHelpers (as listed in Group V,

Appendix A)

CATEGORY GHVAC Technical Team LeaderSr. Heavy Refrigeration Mechanic Certified HVAC Technician Heavy Refrigeration Mechanic Utility Mechanic/Dining HelpersHelpers (as listed in Group V,

Appendix A)

CATEGORY HSr. LocksmithLocksmithHelpers (as listed in Group V,

Appendix A)

CATEGORY ISr. Plumber Certified PlumberPlumberHelpers (as listed in Group V,

Appendix A)

CATEGORY JSr. Vehicle Technician Vehicle TechnicianVehicle Technician Helper orHelpers (as listed in Group V,

Appendix A)

CATEGORY KAccess Control Technician Sr. Electronics Repairer Electronics RepairerFire Suppression TechnicianHelpers (as listed in Group V,

Appendix A)

CATEGORY LSr. Insulation Technician Insulation Technician Helpers (as listed in Group V,

Appendix A)

CATEGORY MArboristArborist Helpers (as listed in

Group V, Appendix A)

APPENDIX BOCCUPATIONAL CATEGORIES

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CATEGORY NExcavatorAssistant Excavator

CATEGORY OGrounds Technician

CATEGORY PCustom Upholsterer

CATEGORY QFilter Changer

CATEGORY RUtility Operator/Mechanic

CATEGORY SPlasterer/Mason

CATEGORY TMaintenance Mechanic

CATEGORY UHorticulturist

CATEGORY VRoofer

CATEGORY WGrounds Equipment Mechanic

CATEGORY XSports Turf TechnicianSports Turf Technician Assistant

CATEGORY YBuilding Systems Technical

Team LeaderUtility Plant Systems Tech

Team Leader Utility Plant Instrument Control

TechnicianInstrument Controls Mechanic

CATEGORY ZOperations Mechanic

APPENDIX BOCCUPATIONAL CATEGORIES (cont’d)

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APPENDIX CLOCAL 3472 AWAY FOOTBALL GAME AGREEMENT

ELECTRONIC SHOP ONLY

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APPENDIX DParental Leave Policy

Parental Leave Section: Human Resources Policies

Policy Name: Parental Leave

Policy Owner: Executive Vice President

Responsible University Office: Office of Human Resources

Origination Date: July 1998

Revisions: November 2009; December 17, 2009; March 2016; February 13, 2018; April 2018; July 1, 2019

Legacy Policy Number: 4-24 I. SCOPE OF POLICY

This policy addresses the types of parental leave available to eligible employees upon the birth of their child or adoption of a child aged six (6) years or younger.

II. DEFINITIONS

A. Eligible Employee:

Benefited employees working 30 hours or more per week, except those in positions covered by collective bargaining agreements between the University and the following representatives: AFSCME, Local 439; AFSCME, Local 3472; AAUP, University of Delaware Chapter.

B. Family and Medical Leave: The University’s Family and Medical Leave Policy.

C. Parental Leave:

An unpaid leave of absence of up to 12 weeks within a rolling, 12-month period for eligible employees with less than 12 months of service or who are otherwise not eligible for Family and Medical Leave upon the birth of their child or placement of their adopted child aged six (6) or younger.

D. Paid Parental Leave:

A paid leave of absence of up to eight (8) weeks within a rolling, 12-month period for eligible employees employed with the University for at least 12 months upon the birth of their child or placement of their adopted child age six (6) or younger.

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III. POLICY STATEMENT The University of Delaware recognizes the importance of having a parental leave policy that helps employees balance the responsibilities of work and parenthood. Eligible University employees with less than 12 months of service or who are otherwise not eligible for Family and Medical Leave may take up to 12 weeks of unpaid leave following the birth of their child or placement of their adopted child aged six or younger. Eligible University employees with at least 12 months of service and who otherwise qualify for Family and Medical Leave may take up to 12 weeks of leave pursuant to the University’s Family and Medical Leave (FMLA) Policy following the birth or adoption of their child, with up to 8 weeks of such leave as Paid Parental Leave. Short-term disability (STD) benefits may be available to some eligible employees, for instance, during a period of disability related to pregnancy or for employees recovering from childbirth. Parental leave and paid parental leave will run concurrently with STD and FMLA leave, where applicable.

IV. POLICY STANDARDS AND PROCEDURES

A. Parental Leave for eligible employees with less than twelve (12) months of service

1. If both legal parents are eligible employees of the University, they are entitled to a

combined 12 weeks of parental leave.

2. Multiple births or adoptions will not increase the length of parental leave granted for that event (for example, birth or adoption of twins).

3. Parental Leave will run concurrently with eligible, accrued sick leave. The University reserves the right to require a doctor’s certification at any time for the use of sick leave.

4. Parental leave will run concurrently with STD and FMLA leave, where applicable.

5. Employees who plan to request parental leave must notify their supervisor at least 60 days prior to the anticipated date of the leave or as soon as possible.

6. After exhaustion of eligible, accrued sick leave, employees who wish to remain in paid status may use accrued vacation leave. After exhausting both sick and vacation leave, pursuant to the sick leave policy, any remaining portion of the leave will be unpaid.

7. Employees may not use vacation leave to extend parental leave beyond the 12-week entitlement under this policy. Employees may request a personal leave of absence without pay after exhaustion of the 12 weeks of parental leave with the prior approval of the Vice President of Human Resources. All such leave requests beyond the 12-week parental leave shall be designated as a personal leave of absence without pay and governed by the Leave of Absence Without Pay Policy.

B. Paid Parental Leave for eligible employees with twelve (12) months or more of service

1. Paid parental leave must be taken during the first 8 weeks following the birth of a child or placement of a newly adopted child age six or under. The entitlement to paid parental leave shall expire at the end of the 8-week period beginning on the date of such birth or adoption.

APPENDIX DParental Leave Policy (cont’d)

54

2. If both legal parents are eligible employees of the University, they are entitled to a combined 12 total weeks of leave pursuant to the University’s Family and Medical Leave Policy, eight (8) weeks of which would be paid as paid parental leave.

3. Multiple births or adoptions will not increase the length of paid parental leave granted for that event (for example, birth or adoption of twins).

4. Paid parental leave will run concurrently with STD and FMLA leave, where applicable.

5. For STD-eligible employees, paid parental leave will cover the elimination period in the State’s STD program. The balance of the available paid parental leave will be used to supplement the State’s STD benefit, not to exceed 100% of an employee’s compensation following the birth of a child.

6. Sick and/or vacation accrual balances will not be reduced during paid parental leave.

7. After the exhaustion of paid parental leave, employees may use accrued sick and vacation time to extend their paid leave of absence for up to a total of 12 weeks pursuant to the University’s Family and Medical Leave Policy.

V. PROCEDURES A. To apply for parental leave or paid parental leave, an employee must:

1. Complete the Request for Parental Leave Form and submit it to his/her Human

Resources (HR) Manager/Designee at least 60 days prior to the expected date of birth or adoption.

2. Notify his/her supervisor.

3. Employees who are eligible for STD must also initiate the STD claim process.

4. If the employee is eligible for FMLA leave, the FMLA Notice and Medical Certification

Form must be completed and submitted to his/her department’s HR Manager/Designee.

5. Provide legal documentation of birth or adoption of a child to HR within 30 days of the

birth or adoption or as soon as it becomes available. The name of the legal parent must appear on either the birth certificate, a legal document establishing paternity, or a legal document establishing adoption.

6. Provide further notification to HR of any changes to the employee’s approved schedule or intended return-to-work date.

7. Failure to comply with procedures listed in this section may result in delay or denial of paid parental leave.

APPENDIX DParental Leave Policy (cont’d)

55

B. HR shall:

1. Provide the requesting employee acknowledgement of the Paid Parental Leave request and initial approval, if applicable, within seven (7) business days of receipt.

2. Keep the employee’s supervisor informed of any revisions to the leave request.

VI. BENEFITS CONTINUATION AND CONTRIBUTIONS

The University will continue to pay the employer portion of previously elected benefits during approved parental leave for up to 12 weeks. The employee will remain responsible for the employee portion. University contributions to benefit programs will stop after the 12 weeks of parental leave are exhausted. The employee will continue to earn service credit and will have retirement contributions paid by the University while on paid status, whether through paid parental leave or through the use of sick and vacation time.

If an employee is approved to take an unpaid personal leave of absence after exhaustion of parental or paid parental leave, he/she will be required to pay the full premium cost for benefits continuation. If an employee is on unpaid status for more than 50 percent of the month, accrual of sick leave and vacation will cease. Retirement/state pension plan contributions stop while an employee is on an unpaid leave of absence.

VII. TERMINATION OF EMPLOYMENT

Any unused paid parental leave will not be paid upon termination of employment. Employees who do not return to work following paid parental leave will be responsible for reimbursing the University of Delaware for the salary and benefits received during the period of paid parental leave.

ASSOCIATED POLICY/REGULATIONS/INFORMATION

I. Paid Parental Leave Frequently Asked Questions II. Short Term Disability Checklist III. FMLA IV. Delaware Discrimination in Employment Act (Pregnancy) Notice (DDEA) V. Disability Policy VI. Sick Leave Policy VII. Vacation Policy

FORMS ASSOCIATED WITH THIS POLICY

I. Request for Parental Leave Form II. WH-380, Certification of Health Care Provider for Employee’s Serious Health Condition III. HIPAA Authorization for Use and Disclosure of Protected Health Information (PHI) Form

APPENDIX DParental Leave Policy (cont’d)

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HolidaysSection: Human Resources Policies

Policy Name: Holidays

Policy Owner: Executive Vice President

Responsible University Office: Office of Human Resources

Origination Date: 1997

Revisions: December 8, 2005; December 9, 2005; September 2016

Legacy Policy Number: 4-47

I. POLICY STATEMENT

The University of Delaware observes the following holidays:

A. New Year’s DayB. Martin Luther King DayC. Memorial DayD. Independence DayE. Labor DayF. General Election Day (even numbered years)G. Thanksgiving DayH. Friday following Thanksgiving DayI. December Holiday Break (to be announced annually)

II. POLICY STANDARDS AND PROCEDURES With the exception of the December Holiday Break, holidays falling on a Saturday are observed on the preceding Friday. Holidays falling on a Sunday are observed on the following Monday.

If a holiday falls within a scheduled vacation period, the employee is entitled to an additional day of vacation to compensate for the holiday. A non-exempt employee who works on a holiday will be paid for the hours worked at time and one-half in addition to the regular pay. The holiday information is updated annually and inserted in the Administrative Calendar http://events.udel.edu/calendar/month?event_types[]=8251 .

HolidaysSection: Human Resources Policies

Policy Name: Holidays

Policy Owner: Executive Vice President

Responsible University Office: Office of Human Resources

Origination Date: 1997

Revisions: December 8, 2005; December 9, 2005; September 2016

Legacy Policy Number: 4-47

I. POLICY STATEMENT

The University of Delaware observes the following holidays:

A. New Year’s DayB. Martin Luther King DayC. Memorial DayD. Independence DayE. Labor DayF. General Election Day (even numbered years)G. Thanksgiving DayH. Friday following Thanksgiving DayI. December Holiday Break (to be announced annually)

II. POLICY STANDARDS AND PROCEDURES With the exception of the December Holiday Break, holidays falling on a Saturday are observed on the preceding Friday. Holidays falling on a Sunday are observed on the following Monday.

If a holiday falls within a scheduled vacation period, the employee is entitled to an additional day of vacation to compensate for the holiday. A non-exempt employee who works on a holiday will be paid for the hours worked at time and one-half in addition to the regular pay. The holiday information is updated annually and inserted in the Administrative Calendar http://events.udel.edu/calendar/month?event_types[]=8251 .

APPENDIX EUniversity Holiday Policy

.